WAIVER AND RELEASE FROM LIABILITY FOR SMILEY INDOOR PLAYGROUND & VIRTUAL REALITY CENTER
I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Smiley Entertainment INC. and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Smiley Entertainment INC provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
I understand that the rides and/or activities in which I will participate are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned released party to such activity.
By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with Smiley Entertainment INC. including but not limited to riding the roller coasters or any and all rides or other related activities on and off the premises.
This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Smiley Entertainment INC, whether by agreement, by operation of law, or otherwise.
I hearby consent to the use, reproduction, editing and/or broadcast by Smiley Entertainment INC of any and all photographs, video recordings, and audio recordings of me taken or my party by or on behalf of Smiley Entertainment INC, from this day, without compensation to me. All negatives and positives, prints, video-recorded images, and audio recordings shall constitute the property of Smiley Entertainment INC solely and completely.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 year of age or older and mentally competent to enter into this waiver.
Additional COVID-19 Liability Waiver
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Smiley Entertainment Inc. has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Smiley Entertainment Inc. can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, playground staff, and other playground clients and their families.
I voluntarily seek services provided by Smiley Entertainment Inc. and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while staying in the facility.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Smiley Entertainment Inc. harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the playground, or that may otherwise arise in any way in connection with any services received from Smiley Entertainment Inc. I understand that this release discharges Smiley Entertainment Inc. from any liability or claim that I, my heirs, or any personal representatives may have against the facility with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Smiley Entertainment Inc. This liability waiver and release extends to the facility together with all owners, partners, and employees.